TRANSPORTATION CODE
SUBTITLE B. PILOTS
CHAPTER 61. COMPULSORY PILOTAGE
§ 61.001. SHORT TITLE. This chapter may be cited as the
Texas Compulsory Pilotage Act.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of pilot commissioners for
a port.
(2) "Consignee" means a person, including a master,
owner, agent, subagent, firm, or corporation or any combination of
those persons, who enters or clears a vessel at the office of the
collector of customs.
(3) "Pilot" means a licensed state pilot or certified
deputy pilot.
(4) "Pilot services" means acts of a pilot in piloting
through navigable water in this state and ports in which the pilot
is licensed or certified as a pilot.
(5) "Pilotage rate" means the remuneration a pilot may
charge a vessel for the pilot's services.
(6) "Port" means a place in this state into which a
vessel enters or from which a vessel departs. If the port connects
to the Gulf of Mexico, "port" includes the waterway leading from the
port to the Gulf of Mexico.
(7) "Vessel" means an oceangoing vessel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.003. DUTY TO ENGAGE PILOT. (a) A consignee having
control of a vessel shall obtain a pilot to provide pilot services
when the vessel is under way or otherwise moving on a river, bay,
harbor, or port in this state unless the vessel is:
(1) documented as a United States vessel and licensed
for and engaged in coastwise trade;
(2) a public vessel;
(3) of 20 gross tons or less;
(4) a motorboat registered in this state; or
(5) subject to Subsection (b), in distress or
jeopardy.
(b) A consignee having control of a vessel that is in
distress or jeopardy shall take on a pilot as soon as the pilot
arrives at the vessel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.004. PAYMENT FOR PILOT. A consignee shall pay a
pilot at the applicable pilotage rates.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.005. PILOT OPTIONAL. This chapter does not
prohibit a consignee not required by Section 61.003 to engage a
pilot from applying for, receiving, and paying for pilot services.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.006. BOARD JURISDICTION. A board has exclusive
jurisdiction over piloting of vessels in this state between the
Gulf of Mexico and the ports in the board's jurisdiction.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.007. ATTORNEY GENERAL. The attorney general shall
assist a board in the enforcement of this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.008. LIABILITY TO PILOT. (a) A person who pilots
a vessel in violation of this chapter is liable for an amount equal
to the applicable pilotage rate to the pilot who first demands the
amount in writing.
(b) A pilot may bring an action to enforce this section in
district court in the county in which the violation occurred.
(c) In an action under Subsection (b), the court shall add
to the amount of any judgment in favor of a pilot court costs and
reasonable attorney's fees incurred by the pilot in obtaining the
judgment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.009. LIABILITY TO BOARD. (a) A vessel or the
owner of a vessel that is piloted in violation of this chapter is
liable to a board for $5,000 for each violation.
(b) The board may bring an action to enforce this section in
district court in the county in which the violation occurred.
(c) In an action under Subsection (b), the court shall add
to the amount of any judgment in favor of the board court costs and
reasonable attorney's fees incurred by the board in obtaining the
judgment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.010. COOPERATION. A pilot providing pilot
services shall, to the extent possible, cooperate with the master
of the vessel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 61.011. CERTAIN UNITED STATES LICENSE REQUIRED;
OFFENSE. (a) A person may not act as a state-commissioned pilot
of a vessel in any water in this state unless the person is licensed
under Title 46, United States Code.
(b) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
